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KADEEJA, v. THE TAHSILDAR

Kerala High Court
Mar 5, 2026

2026:KER:19853

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.M.MANOJ

THURSDAY, THE 5TH DAY OF MARCH 2026 / 14TH PHALGUNA, 1947

WP(C) NO. 30678 OF 2019

PETITIONER/S:

1 KADEEJA,

AGED 55 YEARS

W/O.LATE UNNI MAMMED, VATTATH HOUSE,

KONDOTTY P.O., MALAPPURAM.

2 JAMSHIYA K.M.,

AGED 34 YEARS

D/O.LATE UNNI MAMMED, VATTATH HOUSE,

KONDOTTY P.O., MALAPPURAM.

3 JUVAIRIYA,

AGED 32 YEARS

D/O.LATE UNNI MAMMED, VATTATH HOUSE,

KONDOTTY P.O., MALAPPURAM.

4 JASEERA K.M.,

AGED 31 YEARS

D/O.LATE UNNI MAMMED, VATTATH HOUSE,

KONDOTTY P.O., MALAPPURAM.

5 SHAMEEL K.M.,

AGED 29 YEARS

S/O.LATE UNNI MAMMED, VATTATH HOUSE,

KONDOTTY P.O., MALAPPURAM.

6 SHIHAB K.M.,

AGED 28 YEARS

S/O.LATE UNNI MAMMED, VATTATH HOUSE,

KONDOTTY P.O., MALAPPURAM.

7 RASHEEDA,

AGED 24 YEARS

D/O.LATE UNNI MAMMED, VATTATH HOUSE,

KONDOTTY P.O., MALAPPURAM.

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8 NASIDA T.K.,

AGED 28 YEARS

W/O.LATE SARAFUDDIN, VATTATH HOUSE,

KONDOTTY P.O., MALAPPURAM.

9 FATHIMA MEHNA,

AGED 7 YEARS

(MINOR) REPRESENTED BY MOTHER AND GUARDIAN NASIDA

T.K., 8TH PETITIONER, VATTATH HOUSE,

KONDOTTY P.O., MALAPPURAM.

0 K.M.MAMMED,

AGED 62 YEARS

S/O.LATE CHERIYAMMUTTY HAJI, KALPALLY HOUSE,

MUNDAPPALAM P.O., KONDOTTY, MALAPPURAM.

BY ADVS.

SHRI.P.V.ANOOP

SRI.PHIJO PRADEESH PHILIP

SHRI.ABIN BENNY

SHRI.K C MOHAMED RASHID

SHRI.DENNISE JACOB SAVY

RESPONDENT/S:

1 THE TAHSILDAR,

KONDOTTY, MALAPPURAM- 673638.

2 THE TALUK LAND BOARD,

REPRESENTED BY ITS CHAIRMAN, TALUK LAND BOARD,

KONDOTTY, MALAPPURAM- 673638.

3 THE VILLAGE OFFICER,

KONDOTTY VILLAGE, MALAPPURAM- 673638.

4 STATE OF KERALA,

REPRESENTED BY THE SECRETARY, DEPARTMENT OF LAND

REVENUE, SECRETARIAT, THIRUVANANTHAPURAM- 695001.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

05.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

Dated this the 5thday of March, 2026 The writ petition has been filed aggrieved by the issuance of Ext.P1 notice, whereby the petitioners are directed to surrender the excess land held by them.

2. In fact, the issue involved in this case is that one Cheriyammutty Haji made a gift of properties measuring 7.45 acres under Ext.P2 gift deed to his five sons, and after death of the said sons, the petitioners and others have been holding the property independently. The deceased Unni Mammed filed O.S. No.19 of 1997 before the Sub Court, Manjeri, against the 2ndrespondent and the State of Kerala for a declaration that the said gift deed is real and valid.

3. However, the suit was dismissed by the Sub Court, Manjeri, against which the petitioners have filed RFA No.292 of 2016 before this Court. Even during the pendency of the RFA, the 6thpetitioner has preferred a representation before the 2ndrespondent Taluk Land Board, under Section 85(2) of the Kerala

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Land Reforms Act. Now, the counsel for the petitioners submits that the petitioners will be satisfied if the 2ndrespondent considers the said representation within a time frame

Taking note of the limited prayer sought at this point, I deem it appropriate to dispose of the writ petition with a direction to the 2ndrespondent to consider and pass appropriate orders on Ext.P3 representation dated 02.03.2026 after affording the petitioners an opportunity of being heard, as expeditiously as possible. Sd/-

P.M.MANOJ

JUDGE

sss